Delhi: The Indian government appears likely to only accept the return of Indian nationals among the 157 Tamil asylum seekers who have been held on the high seas by Australian customs officials for 26 days.

Immigration Minister Scott Morrison, along with Lieutenant-General Angus Campbell, met with India’s Home Minister Rajnath Singh and External Affairs Minister Sushma Swaraj in Delhi on Tuesday to request that India accept all 157 people who were intercepted by Australian authorities on a ship that departed from the Indian territory of Puducherry around June 13.

Mr Morrison is believed to have argued that since the asylum seekers were intercepted outside Australia’s territorial waters, Australia had the right to return them to the country they departed from.

But in an apparent rebuff to Australia’s request, India only agreed to send its consular officials on board the Australian customs vessel to determine who, if any, among the asylum seekers is of Indian origin.

Advertisement

The Indian government has so far refused to accept that any of those on board are Indians, maintaining that the asylum seekers are all of Sri Lankan origin

Indian media reports on Tuesday said that Mr Morrison had advised the Indian government that some of the asylum seekers may be Indian because the ship that was intercepted by Australia was flying the Indian tricolour.

“These people could also be from Sri Lanka or any other Asian country,” said one government official quoted by The Indian Express newspaper. “Just because they had an Indian national flag atop their boat does not prove their nationality. They only look Indian. We have asked Australia now for consular access to these people.”

The Times of India also reported that it was only very recently that Australia had reached out to India on this issue.

“India wrestles with its own illegal immigration problem with Bangladesh. It is unclear how this case will play out,” the newspaper reported.

In a statement issued after Mr Morrison’s one-hour meeting with Indian ministers, the Home Affairs Ministry said that “India, as a matter of policy, does not support any kind of illegal migration either into its own territory or illegal migration of its citizens to foreign territories".

“The Indian side sought consular access and emphasised the importance of handling such cases in a legal and humanitarian manner ensuring that no harm befalls upon anyone, especially minor children [sic],” the statement said.

When questioned, Mr Morrison refused to discuss any details of the meeting other than to say that it was “constructive”.

A legal challenge from the 157 will be heard by the High Court on August 5. It will focus on whether the government was limited in its power to intercept boats and take them to countries not obliged to guarantee they would not be placed at risk of harm. The court will also focus on procedural fairness.